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Home My WebLink About2007 - Public Storm Drainage Easement - Rehabitat Northwest Inc - 20071011001100Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 20071011001100 CITY OF TUKWIL EAS 44.00 PAGE001 OF 005 10/11/2007 12:43 KING COUNTY, WA Above this line reserved for Recorder's use PUBLIC STORM DRAINAGE EASEMENT SOUTH i i i Grantor: REHABITAT NORTHWEST, INC., a Washington State Corporation Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington. Section /Township/Range: Government I, Section 15, Township 23 North. Range 4 East, W.M.. Assessor's Tax Parcel Number: 322920 -0090 Property Owner Legal Description:. Lots 1 -6 TOGETHER WITH Tract `A' of Tukwila Short Plat No. L04 -085, according to the unrecorded plat thereof. Located within Government Lot 1 of Section 15, Township 23 North, Range 4 East, W.M. Storm Drainage Easement Legal Description: Reference Exhibit `A' of this document for Legal Description and Illustration. 2. Grant of Easement. Document Reference Number(s): PW03 -106 L04 -085 D07 -120 1. Recitals. A. The Grantor is the owner of that certain real property legally described above. 13. This instrument sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. A. For and in consideration of TEN DOLLARS ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, REHABITAT NORTHWEST, INC., "Grantor grants, conveys, and warrants to the CITY OF TUKWILA, "Grantee for the purposes hereinafter set forth, a perpetual easement under, across, and over a portion of the Parcel described above, a depiction of said easement being attached hereto as Exhibit `A' and incorporated herein by this reference. Page 1 of 5 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over a portion of the Parcel described above, a depiction of said easement being attached hereto as Exhibit `A' and incorporated herein by this reference, in perpetuity for the purpose or purposes of: to operate, maintain, repair, replace, improve, remove, and use the easement for storm drainage. 4. General Provisions. A. Access. Grantee shall have the right of access to the easement under, across, and over the Property to enable Grantee to exercise its rights hereunder. B. Indemnification. Grantee shall hold the Grantor harmless from all costs, claims, or liabilities of any nature, including attorneys' fees, costs, and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Grantee resulting from this easement. Grantor shall hold the Grantee and its officers, agents and employees harmless from all costs, claims or liabilities of any nature including attorneys' fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Grantor, or Grantor's agents or employees resulting from this easement. C. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this instrument arising out of or pertaining to this instrument or the relationship of the parties, including but not limited to the filing of a lawsuit, a request for an arbitration, mediation, or other alternative dispute resolution process (collectively, "Proceeding and any appeals and collateral actions relative to such a Proceeding, the substantially prevailing party as determined by the court or as determined in the Proceeding shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such Proceeding from the non prevailing party, in addition to such other relief as may be awarded. D. Binding Effect. This instrument shall be binding upon and inure to the benefit of the parties and their successors, heirs, assigns, and personal representatives and all persons claiming by, through or under the parties hereto. The easement created by this instrument shall be appurtenant, shall touch and concern the real property identified as Parcel A, and shall run with the land. E. Applicable Law. This instrument shall be governed by and construed in accordance with the laws of the State of Washington. Jurisdiction over and venue of any suit arising out of or related to this instrument shall be exclusively within the state or federal courts of King County, Washington. F. Entire Agreement. This instrument contains the entire agreement between the parties with respect to this matter. It may not be modified except in a writing signed by both parties. G. Waiver. Any waiver by a party of a breach of any provision of the agreement contained within this instrument by the other party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. H. Severability. If for any reason any portion of this instrument or any agreement contained herein shall be held to be invalid or unenforceable, the holding of invalidity or unenforceability of that Page 2of5 portion shall not affect any other portion of this instrument or agreement and the remaining portions of the instrument shall remain in full force and effect. I. Notices. Any notice required or desired to be given under this instrument shall be deemed given if it is in writing and actually delivered to the party, or sent by certified mail to the address listed below for that party: IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this ,39t' day of A,p4,6, 2007. 4Io); /[rr STATE OF WASHINGTON) County of King) n I l I certify that I know or have satisfactory evidence that l Ott (1 'C/ r is the person who appeared before me, and said person acknowledged that he signed this instrument. on oath stated that he was authorized to execute the instrument and acknowledged it as the f "•e..rce 44.). of Nor c& Sib )ss. Grantor Property Owner Grantor Property Owner a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated q (1)" Oarch o nvp Notary Public in and for the Stale of residing at ashington My appointment expires O' 1(.0 6 r pa s DATED this /C41 day of (%L 9-42h 2007. GRANTEE: CITY OF TUKWILA ayor ATTEST: Cy y Clerk Approved As to Form: City Attorney STATE OF WASHINGTON ss. County of King On this IC O A/\ day of (`DC *nkm 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared e e r•r\ fl ck_L-Le known to me to be the Mayor, of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. Abe print name Page 4 of 5 v A Q C l Q YV1.L r c OTARY PUBLIC in and for the State of Washington, residing at KUJILu 1 &4Z n t ZKPi rcS EXHIBIT `A' DEPICTION OF EASEMENT Legal Description: That portion of said Government Lot 1, Section 15, Township 23 North, Range 4 East, W.M., in King County. Washington, Described as follows: Commencing at the Southwest corner of said Lot 1; Thence N 01 °30'53" E along the West line of Said Lot 1 a distance of 30.00 Feet to the TRUE POINT OF BEGINNING; Thence N 01 °30'53" E. 23.27 Feet; Thence S 41°55'17 E. 27.77 Feet; Thence N 89°12'15 E, 132.93 Feet; Thence S 68 °53'06" E. 31.58 Feet; Thence N 87 °48'48" W. 181.68 Feet to the TRUE POINT OF BEGINNING Page 5 of 5 ISSUE: BACKGROUND: RECOMMENDATION: INFORMATION MEMO TO: Mayor Steve Mullet FROM: Jim Morrow, P.E., Public Works Director DATE: September 27, 2007 SUBJECT: Storm Water Easement and Maintenance Agreement Public Storm Drainage Easement North Public Storm Drainage Easement South for Rehabitat Northwest, Inc. (Foster Ridge 6 Lot Short Plat) Execute and enter into a Storm Water Easement and Maintenance Agreement and two each Public Storm Drainage Easements, as part of a Public Works Permit. Easements are required, prior to permit final acceptance, by the Public Works Department. Permit No. PW03 -106 L04 -085 D07 -120 Site Location Intersection of South 139 Street and 46 Ave. South Intersection of South 140` Street and 46 Ave. South, Tukwila Parcel No. 322920 -0090 As part of the Foster Ridge 6 Lot Short Plat; the Owner is executing with the City of Tukwila a Storm Water Easement and Maintenance Agreement and two Public Storm Drainage Easements. Conditions were placed on the development to provide the following documents: 1. Storm Water Easement and Maintenance Agreement 2. Public Storm Drainage Easement North 3. Public Storm Drainage Easement South Mayor signs Storm Water Easement and Maintenance Agreement and Storm Drainage Easements. Attachment: (1) Storm Water Easement and Maintenance Agreement (2) Public Storm Drainage Easement North (3) Public Storm Drainage Easement South